Accounting and Financial Determinations. Unless otherwise specified, all accounting terms used in any Financing Document shall be interpreted, all accounting determinations and computations hereunder or thereunder shall be made, and all financial statements required to be delivered hereunder or thereunder shall be prepared, in accordance with GAAP.
Appears in 18 contracts
Samples: Credit Agreement (Nova Biosource Fuels, Inc.), Senior Credit Agreement (Advanced BioEnergy, LLC), Credit Agreement (Renewable Energy Group, Inc.)
Accounting and Financial Determinations. Unless otherwise specified, all accounting terms used herein or in any Financing other Loan Document shall be interpreted, all accounting determinations and computations hereunder or thereunder shall be made, and all financial statements required to be delivered hereunder or thereunder shall be prepared, prepared in accordance with GAAP.
Appears in 8 contracts
Samples: Credit Agreement (National Energy Group Inc), Credit Agreement (Carlisle Holdings LTD), Credit Agreement (Phonetel Technologies Inc)
Accounting and Financial Determinations. Unless otherwise specified, all accounting terms used herein or in any Financing other Loan Document shall be interpreted, all accounting determinations and computations hereunder or thereunder (including computation of the financial ratios and covenants contained in Section 10) shall be made, and all financial statements required to be delivered hereunder or thereunder shall be prepared, prepared in accordance with GAAP.
Appears in 4 contracts
Samples: Credit Agreement (TAL International Group, Inc.), Credit Agreement (TAL International Group, Inc.), Credit Agreement (TAL International Group, Inc.)
Accounting and Financial Determinations. Unless otherwise specified, all accounting terms used in any Financing Document herein shall be interpreted, all accounting determinations and computations hereunder or thereunder shall be made, and all financial statements required to be delivered hereunder or thereunder shall be prepared, prepared in accordance with with, GAAP.
Appears in 3 contracts
Samples: Credit Agreement (Warnaco Group Inc /De/), Credit Agreement (Warnaco Group Inc /De/), Credit Agreement (Warnaco Group Inc /De/)
Accounting and Financial Determinations. Unless otherwise specified, all accounting terms used herein or in any Financing other Loan Document shall be interpreted, all accounting determinations and computations hereunder or thereunder shall be made, and all financial statements required to be delivered hereunder or thereunder shall be prepared, in accordance with GAAPGAAP consistently applied in accordance with historical practices.
Appears in 3 contracts
Samples: Credit Agreement (National Rv Holdings Inc), Credit Agreement (Tarrant Apparel Group), Credit Agreement (Tarrant Apparel Group)
Accounting and Financial Determinations. Unless otherwise specified, all accounting terms used herein or in any Financing other Loan Document shall be interpreted, all accounting determinations and computations hereunder or thereunder shall be made, and all financial statements required to be delivered hereunder or thereunder shall be prepared, prepared in accordance with GAAPGAAP as applied in the preparation of the historical financial statements of the Borrowers referred to in Section 5.04 of this Agreement.
Appears in 3 contracts
Samples: Credit and Security Agreement (Marinemax Inc), Credit and Security Agreement (Marinemax Inc), Credit and Security Agreement (Marinemax Inc)
Accounting and Financial Determinations. (a) Unless otherwise specified, all accounting terms used herein or in any Financing other Loan Document shall be interpreted, all accounting determinations and computations hereunder or thereunder shall be made, and all financial statements required to be delivered hereunder or thereunder shall be prepared, prepared in accordance with GAAPGAAP consistently applied.
Appears in 3 contracts
Samples: Credit Agreement (Textainer Group Holdings LTD), Credit Agreement (Textainer Group Holdings LTD), Credit Agreement (Textainer Group Holdings LTD)
Accounting and Financial Determinations. Unless otherwise specified, all accounting terms used in any Financing Document shall be interpreted, all accounting determinations and computations hereunder or thereunder shall be made, and all financial statements required to be delivered hereunder or thereunder shall be prepared, in accordance conformity with GAAP.
Appears in 2 contracts
Samples: Revolving Credit Agreement (Renewable Energy Group, Inc.), Revolving Credit Agreement (Renewable Energy Group, Inc.)
Accounting and Financial Determinations. Unless otherwise specified, all accounting terms used herein or in any Financing other Loan Document shall be interpreted, all accounting determinations and computations hereunder or thereunder (including computation of the financial ratio(s) and covenant(s) contained in Section 10) shall be made, and all financial statements required to be delivered hereunder or thereunder shall be prepared, prepared in accordance with GAAP.
Appears in 2 contracts
Samples: Credit Agreement (SeaCube Container Leasing Ltd.), Credit Agreement (Seacastle Inc.)
Accounting and Financial Determinations. Unless otherwise specified, all accounting terms used in any Financing Document herein shall be interpreted, all accounting determinations and computations hereunder or thereunder shall be made, and all financial statements required to be delivered hereunder or thereunder shall be prepared, prepared in accordance with GAAP.
Appears in 2 contracts
Samples: Purchase Agreement (Horizon Offshore Inc), Purchase Agreement (Horizon Offshore Inc)
Accounting and Financial Determinations. Unless otherwise specified, all accounting terms used herein or in any Financing other Loan Document shall be interpreted, all accounting determinations and computations hereunder or thereunder shall be made, and all financial statements required to be delivered hereunder or thereunder shall be prepared, prepared in accordance with with, generally accepted accounting principles in the U.S. ("U.S. GAAP").
Appears in 2 contracts
Samples: Subordinated Loan Agreement (Hecla Mining Co/De/), Facility Agreement (Hecla Mining Co/De/)
Accounting and Financial Determinations. Unless otherwise specified, all accounting terms used herein or in any Financing other Document shall be interpreted, all accounting determinations and computations hereunder or thereunder shall be made, and all financial statements required to be delivered hereunder or thereunder shall be prepared, prepared in accordance with GAAP.
Appears in 2 contracts
Samples: Purchase Agreement (Horizon Offshore Inc), Purchase Agreement (Horizon Offshore Inc)
Accounting and Financial Determinations. Unless otherwise specified, all accounting terms used herein or in any Financing other Loan Document shall be interpreted, all accounting determinations and computations hereunder or thereunder shall be made, and all financial statements required to be delivered hereunder or thereunder shall be prepared, prepared in accordance with GAAPwith, GAAP and, unless otherwise expressly provided herein, shall be computed or determined on a consolidated basis and without duplication.
Appears in 2 contracts
Samples: Term Loan Agreement (WHX Corp), Term Loan Agreement (Wheeling Pittsburgh Corp /De/)
Accounting and Financial Determinations. Unless otherwise specified, all accounting terms used herein or in any Financing other Loan Document shall be interpreted, all accounting determinations and computations hereunder or thereunder shall be made, and all financial statements required to be delivered hereunder or thereunder shall be prepared, in accordance with GAAP.
Appears in 2 contracts
Samples: Credit Agreement (Pico Holdings Inc /New), Credit Agreement (Creative Host Services Inc)
Accounting and Financial Determinations. Unless otherwise specified, all accounting terms used herein or in any Financing other Loan Document shall be interpreted, all accounting determinations and computations hereunder or thereunder (including computation of the financial ratios and covenants contained in Article X) shall be made, and all financial statements required to be delivered hereunder or thereunder shall be prepared, prepared in accordance with GAAP.
Appears in 1 contract
Samples: Term Loan Agreement (TAL International Group, Inc.)
Accounting and Financial Determinations. Unless otherwise specified, all accounting terms used herein or in any Financing other Loan Document shall be interpreted, all accounting determinations and computations hereunder or thereunder shall be made, and all financial statements required to be delivered hereunder or thereunder shall be prepared, in accordance with GAAPGAAP consistently applied in accordance with historical practices of the Borrower or, as applicable, the European Operations Companies.
Appears in 1 contract
Samples: Credit Agreement (Dana Holding Corp)
Accounting and Financial Determinations. Unless otherwise specified, all accounting terms used in any Financing Document shall herein will be interpreted, all accounting determinations and computations hereunder or thereunder shall will be made, and all financial statements required to be delivered hereunder or thereunder shall will be prepared, prepared in accordance with GAAP.
Appears in 1 contract
Accounting and Financial Determinations. Unless otherwise specified, all accounting terms used herein or in any Financing other Loan Document shall be interpreted, all accounting determinations and computations hereunder or thereunder shall be made, and all financial statements required to be delivered hereunder or thereunder shall be prepared, prepared in accordance with with, those generally accepted accounting principles ("GAAP"), as in effect from time to time in the United States and, unless otherwise expressly provided herein, shall be computed or determined on a consolidated basis and without duplication.
Appears in 1 contract
Accounting and Financial Determinations. Unless otherwise specified, all accounting terms used herein or in any Financing other Loan Document shall be interpreted, all accounting determinations and computations hereunder or thereunder (including under Section 8.2.4) shall be made, and all financial statements required to be delivered hereunder or thereunder shall be prepared, prepared in accordance with GAAP.
Appears in 1 contract
Samples: Credit Agreement (Norrell Corp)
Accounting and Financial Determinations. Unless otherwise specified, all accounting terms used herein or in any Financing other Loan Document shall be interpreted, all accounting determinations and computations hereunder or thereunder shall be made, and all financial statements required to be delivered hereunder or thereunder shall be prepared, in accordance with GAAPGAAP consistently applied (or, if not consistently applied, accompanied by details of the inconsistencies).
Appears in 1 contract
Accounting and Financial Determinations. Unless otherwise specified, all accounting terms used herein or in any Financing other Project Document shall be interpreted, all accounting determinations and computations hereunder or thereunder shall be made, and all financial statements required to be delivered hereunder or thereunder shall be prepared, prepared in accordance with GAAP.
Appears in 1 contract
Samples: Credit and Acceptance Agreement (Trigen Energy Corp)
Accounting and Financial Determinations. Unless otherwise specified, all accounting terms used in any Financing each Operative Document shall be interpreted, all accounting determinations and computations hereunder or thereunder shall be made, and all financial statements required to be delivered hereunder or thereunder shall be prepared, in accordance with GAAP.
Appears in 1 contract
Samples: Participation Agreement (HCS Ii Inc)
Accounting and Financial Determinations. Unless otherwise specified, all accounting terms used in any Financing Document document shall be interpreted, all accounting determinations and computations hereunder or thereunder shall be made, and all financial statements required to be delivered hereunder or thereunder shall be prepared, in accordance with GAAP.
Appears in 1 contract
Accounting and Financial Determinations. Unless otherwise specified, all accounting terms used herein or in any Financing Document other Operative Agreement shall be interpreted, all accounting determinations and computations hereunder or thereunder (including under Section 7.2.4) shall be made, and all financial statements required to be delivered hereunder or thereunder shall be prepared, prepared in accordance with GAAP.
Appears in 1 contract
Accounting and Financial Determinations. Unless otherwise specified, all accounting terms used in any Financing Document herein shall be interpreted, interpreted and all accounting determinations and computations hereunder or thereunder shall be made, and all financial statements required to be delivered hereunder or thereunder shall be prepared, made in accordance with GAAP.
Appears in 1 contract
